In Re Marriage of Overson v. Overson
Multiple issues. See full summary.
In Re Marriage of Balaam v. Balaam
A divorced husband should be allowed a fair choice of a means of livelihood and to pursue what he honestly feels are his best opportunities even though he might for the present, as least, be working for a lesser financial return…to base an award on capacity to earn…there should be a finding…of a disregard of his marital obligation.
In Re Marriage of Liddle v. Liddle
Denial of maintenance in 21 year marriage affirmed. Trial court not required to consider all statutory factors.
In Re Marriage of Lindsey v. Lindsey
Court articulated reasons for departing from Bahr rule where it referred to relative health of the parties and projected future ability to create income.
In Re Marriage of Harris v. Harris
Wife not entitled to more maintenance solely because husband can afford to pay more – husband should not be punished for making more money.
In Re Marriage of Kennedy v. Kennedy
Court abused its discretion by failing to apply statutory factors and not giving full play to the objectives of maintenance. The court considered ability to pay, but did not discharge its duty by simply equalizing the post-divorce income. The court should have considered the feasibility of the party seeking maintenance to become self-supporting and the length of time necessary to achieve this goal.
In Re Marriage of Parrett v. Parrett
“Good fortune and highly elevated income” are factors the court can consider in determining maintenance. LaRocque fairness objective applies to a short marriage.
In Re Marriage of Enders v. Enders
(1) LaRocque mandates an approach, not a result. (2) Reduction of income available for maintenance to pay business expenses was reasonable. (3) Although it is not recommended, offset of child support against maintenance is affirmed.
In Re Marriage of Fowler v. Fowler
Multiple issues. See full summary.
In Re Marriage of Gerth v. Gerth
Maintenance is not required in every long term marriage where there is disparate income. Here, wife did not increase her husband’s earning capacity or sacrifice her own.